MULTICHOICE - PART 3

Question 1

The court has discretion to include propensity evidence against a defendant if:

A) the prejudicial effect of evidence outweighs its probative value

B) it shows that the accused is of a criminal disposition and so more likely to have committed the crime

C) It will dispose the jury against the record

D) the probative value of the evidence outweighs its prejudicial effect

Answer 1

D) the probative value of the evidence outweighs its prejudicial effect

Question 2

Circumstantial evidence has been defined as:

A) a fact always in issue that needs to be proved

B) a fact that by inference can prove another fact in issue

C) a fact that directly tends to prove or disprove a fact issue

D) a fact that is admissible in evidence if it can be legally received by the court

Answer 2

B) a fact that by inference can prove another fact in issue

Question 3

A person is unavailable as a witness when:

A) the person is overseas and can’t be contacted

B) the person was not at work when the police went to pick the person up

C) the phone number used to contact the person is no longer in service

D) the person refuses to go to court

Answer 3

A) the person is overseas and can’t be contacted

Question 4

Before giving evidence in court, witnesses may refresh their memory from:

A) the original statement

B) their deposition

C) either of the above

D) none of the above

Answer 4

C) either of the above

Question 5

A presumption of fact is:

A) always rebuttable

B) may be rebuttable or irrebuttable

C) always irrebuttable

D) may be subject to judicial notice

Answer 5

A) always rebuttable

Question 6

Before giving evidence:

A) the prejudicial effect of the evidence outweighs its probative value

B) it shows that the accused is of a criminal disposition and so more likely to have committed the crime

C) it will dispose the jury against accused

D) the probative value of the evidence outweighs its prejudicial effect

Answer 6

D) the probative value of the evidence outweighs its prejudicial effect

Question 7

The general purpose of the examination in chief is to :

A) weaken, quality or destroy the opponents case

B) Elicit testimony that supports the case of the party calling that witness

C) Elicit new facts arising out of the cross examination of the defence witnesses

D) establish the prosecution case through the defence witnesses

Answer 7

B) Elicit testimony that supports the case of the party calling that witness

Question 8

What is the general rule in relation to “establishing facts”?

A) all facts in issues must be proved by evidence

B) all facts relevant to the issue must be proved

C) all facts in issue and facts relevant to the issue must be proved by evidence

D) All facts in issue and facts that are formally admitted must be proved by court

Answer 8

C) all facts in issue and facts relevant to the issue must be proved by evidence

Question 9

It is not necessary in court to prove facts such as “the season of summer in NZ is over the period of December to February”, these facts are admitted as:

A) presumption of fact

B) admissions for the purpose of trial

C) presumptions of law

D) Judicial notice

Answer 9

D) Judicial notice

Question 10

A witness is eligible to give evidence if:

A) they can be required to give evidence against their will for the prosecution

B) they are not married to the defendant

C) they are lawfully able to give evidence on behalf of both prosecution and defence

D) they can be required to give evidence against their will for the defence.

Answer 10

C) they are lawfully able to give evidence on behalf of both prosecution and defence